Lopez v. Cantex Health Care Centers II, LLC et al.
| Todd Lopez, as Representative of the Wrongful Death Estate of Raymond Gabehart and Todd Lopez |
| Farmington Health Care Center, LTD. Co., Cantex Health Care Centers II, LLC and Farmington Health Care Center, LTD. Co. doing business as Cedar Ridge Inn |
| 1:2022cv00826 |
| November 1, 2022 |
| US District Court for the District of New Mexico |
| Kea W Riggs |
| Jerry H Ritter |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 Petition for Removal- Medical Malpractice |
| Both |
Docket Report
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This docket was last retrieved on May 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 RESPONSE in Opposition re #6 MOTION to Dismiss , Motion to Abate, and Motion to Compel Arbitration filed by Todd Lopez. (Astorga-Corral, Noe) |
| Filing 25 RESPONSE in Opposition re #16 MOTION to Remand to State Court filed by Cantex Health Care Centers II, LLC, Farmington Health Care Center, LTD. Co.. (Attachments: #1 Exhibit Response to Motion for Remand) (Alvarez, Frank) |
| Filing 24 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 20. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) |
| Filing 23 MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Remand to State Court by Cantex Health Care Centers II, LLC, Farmington Health Care Center, LTD. Co.. (Attachments: #1 Exhibit Emails granting extensions, #2 Exhibit Extensions granted by Defense, #3 Exhibit Emails dated 12.20.22) (Alvarez, Frank) |
| United States Magistrate Judge Jerry H. Ritter assigned. United States Magistrate Judge Kirtan Khalsa no longer assigned to case. (ng) |
| Filing 22 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Kea W. Riggs as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. United States Magistrate Judge Gregory J. Fouratt no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ng) |
| Filing 21 NOTICE by Todd Lopez re #6 MOTION to Dismiss , Motion to Abate, and Motion to Compel Arbitration (Conaway, Joshua) |
| Filing 19 NOTICE by Todd Lopez re #6 MOTION to Dismiss , Motion to Abate, and Motion to Compel Arbitration (Conaway, Joshua) |
Filing 18
ORDER VACATING STATUS CONFERENCE by Magistrate Judge Kirtan Khalsa. On request of the parties, the Telephonic Status Conference set for December 9, 2022, is hereby VACATED. See (Docs. #11 , #12 .) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (nlb)
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| Filing 17 NOTICE by Todd Lopez re #6 MOTION to Dismiss , Motion to Abate, and Motion to Compel Arbitration (Conaway, Joshua) |
| Filing 16 MOTION to Remand to State Court by Todd Lopez. (Conaway, Joshua) |
| Filing 15 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than December 12, 2022 unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (kls)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 14 ASSOCIATION of Attorney Licensed Outside the District for Defendants Cantex Health Care Centers II, LLC, Farmington Health Care Center, LTD. Co. by Frank Alvarez on behalf of: Trent E. Gray Quintairos, Prieto, Wood & Boyer, PA 1700 Pacific Avenue, Suite 4545Dallas, Texas 75201 (214) 754-8755 Fax (214) 754-8744 trent.gray@qpwblaw.com (Association Dues - Online Payment) (Alvarez, Frank)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
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Filing 13
ORDER SETTING TELEPHONIC STATUS CONFERENCE by Magistrate Judge Kirtan Khalsa. A Telephonic Status Conference is set for Friday, December 9, 2022, at 10:30 a.m. MT before Judge Khalsa. Counsel are to call Judge Khalsa's AT&T Conference Line at (877) 848-7030 and enter the code 7324132 to connect to the proceedings. (nlb) (nlb)
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| Filing 12 Minutes for proceedings held before Magistrate Judge Kirtan Khalsa: Status Conference held on 11/22/2022. (nlb) |
| Filing 11 NOTICE by Todd Lopez re #6 MOTION to Dismiss , Motion to Abate, and Motion to Compel Arbitration (Conaway, Joshua) |
| Filing 10 NOTICE by Cantex Health Care Centers II, LLC, Farmington Health Care Center, LTD. Co. Certificate of Good Standing (Alvarez, Frank) |
| Filing 9 **FILED IN ERROR**ASSOCIATION of Attorney Licensed Outside the District for Defendants Cantex Health Care Centers II, LLC, Farmington Health Care Center, LTD. Co. by Frank Alvarez (Association Dues - Online Payment) (Alvarez, Frank)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Modified on 11/22/2022 (snw). |
| Association Dues Received: $ 100 receipt number ANMDC-8564358 re: # 9 Association of Attorney Licensed Outside the District, filed by Cantex Health Care Centers II, LLC, Farmington Health Care Center, LTD. Co. (Payment made via Pay.gov)(Alvarez, Frank) |
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Filing 8
ORDER SETTING STATUS CONFERENCE by Magistrate Judge Kirtan Khalsa. The Court will hold a status conference via Zoom videoconferencing on November 22, 2022, at 10:30 a.m. MT. (nlb)
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| Filing 7 NOTICE OF CONSENT SUBMISSION DEADLINE by Magistrate Judge Gregory J. Fouratt. In light of the pending dispositive motion, and pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that this matter will be reassigned to a district judge as presiding judge if written consents from all parties have not been filed by December 2, 2022. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (gbg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 6 MOTION to Dismiss , Motion to Abate, and Motion to Compel Arbitration by Cantex Health Care Centers II, LLC, Farmington Health Care Center, LTD. Co.. (Attachments: #1 Exhibit Arbitration Agreement, #2 Exhibit Contact List) (Alvarez, Frank) |
| Filing 5 ANSWER to Complaint (Notice of Removal) Subject to Arbitration by Farmington Health Care Center, LTD. Co.. (Alvarez, Frank) |
| Filing 4 ANSWER to Complaint (Notice of Removal) Subject to Arbitration by Cantex Health Care Centers II, LLC. (Alvarez, Frank) |
| Filing 3 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory J. Fouratt to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) |
| United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Kirtan Khalsa assigned. (dr) |
| Office code correction. Case office code has been changed from 6 (Santa Fe) to 1 (Albuquerque). (dr) |
| Filing 2 Corporate Disclosure Statement by Cantex Health Care Centers II, LLC, Farmington Health Care Center, LTD. Co. identifying Corporate Parent Farmington Health Care Center, LTD. Co., Other Affiliate Cedar Ridge Inn for Cantex Health Care Centers II, LLC, Farmington Health Care Center, LTD. Co.. (Alvarez, Frank) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from First District Court, case number D-101-CV-2022-01677. ( Filing Fee - Online Payment), filed by All Defendants. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Petition to Appoint Todd Lopez as PR, #3 Exhibit Amended Petition to Appoint Todd Lopez as PR, #4 Exhibit Complaint for Wrongful Death, #5 Exhibit Pl's Jury Demand 12 Jury Panel, #6 Exhibit Order on Amended Petition to Appoint Todd Lopez as PR, #7 Exhibit Summons to Farmington HealthCare Center, #8 Exhibit Summons for Cantex, #9 Exhibit Certificate of Service for Farmington, #10 Exhibit Certificate of Service for Cantex, #11 Exhibit State Court Docket Sheet, #12 Exhibit April 17 2020 HHS Advisory Opinion, #13 Exhibit Advisory Opinion 20-04, #14 Exhibit Advisory Opinion 21-01, #15 Exhibit Rachal v. Natchitoches Nursing & Rehab Center LLC)(Alvarez, Frank) |
| Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8535642 re #1 Notice of Removal,,, filed by Cantex Health Care Centers II, LLC, Farmington Health Care Center, LTD. Co. (Payment made via Pay.gov)(Alvarez, Frank) |
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